Pakistan top court allows army to announce military trial verdicts of pro-Khan protesters

ISLAMABAD: Pakistan’s Supreme Court on Friday conditionally allowed military courts to announce the reserved verdicts of 85 civilians tried over their alleged involvement in last year’s May 9 riots, a major blow to the party of jailed ex-premier Imran Khan that the violence has been linked to. 

The ruling comes a little over a year after a three-member bench of the top court said last October military trials of civilians were unconstitutional and ordered the trials of some 103 people moved to civilian criminal courts, a relief for dozens accused of ransacking military installations during protests after the brief arrest of Khan on May 9, 2023. However, on December 13, 2023, a six-member bench conditionally suspended its own Oct. 23 ruling, pending a final judgment as it heard a set of intra-court appeals (ICAs).

Hundreds of alleged Khan supporters were arrested after they stormed military and government installations, and even torched a top commander’s house, following the former premier’s brief arrest by paramilitary soldiers in a land bribe case. Though Khan was released just days after the violence of May 9, he was arrested again that August following an accountability court’s ruling in another corruption case and has been in jail since, facing a slew of legal charges he says are trumped up to keep him away from politics. 

The military initiated army court trials of at least 103 people accused of involvement in the violence and there have been widespread reports it also plans to prosecute Khan under the Pakistan Army Act on charges of treason and attempting to incite a mutiny in the military.

Announcing Friday’s verdict, Justice Aminuddin Khan, the head of the constitutional bench said:

“Suspects who can be accorded concessions in their sentences, should be given so and released … Suspects who cannot be released should be moved to jails once their sentence has been pronounced.”

In March, a six-member SC bench had also conditionally allowed military courts to pronounce reserved verdicts in the May 9 cases. It had also modified its Dec. 13 injunction, ordering that military courts could commence trials but they would not convict or acquit any suspects as long as the government-instituted intra-court appeals were pending.

Local and global rights groups have expressed concerns over the military trials, saying such courts do not have the same standards of evidence and due process as civilian courts.

Pakistan’s Army Act of 1952 established military courts primarily to try members of the military or enemies of the state, and they operate under a separate legal system.

The decision to use military courts was taken by the government of Khan’s rival, Shehbaz Sharif, and backed by the army.